HomeMy WebLinkAbout1991-13 [Illegible] Section G of the Vail Village Urban [Illegible] Considerations Relating to the Protection of Views within the Town of Vail and Creating a New Chapter of the Vail Municipal Code~1
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't'his ordinance itrcludes all of the rnque otmcil made during first reading, May 7, 1991. The ordinance was
passed an first reading with a 7 - 8 vos r , .r :xed !'or second reading will have different legal dea.~:,.::ans for
each view corridor as the Town u u~ ;ntation far all of the view corridors.
-RDINANCE NO. 13
Series of 1991
]IN OitDINAN! ,T1~TG SECTION G OF TSE VAIL VILLAGE
VRH1~N L CONSIUER7lTION$ RItLATING TO THE
PROTRCTIC?~ VIEidS lifl'IHIN THE TOWN OF VAIL ]1ND
CREATING, zi N$W CHAPTiER OF TAE lIQ]NICIPAL CODS
OF THE TOWN OF VAIL TO BROVIDE !OR THE PRQ'1'$CTIOAT
OF CICR'T]-IN VIEWS iIITHIN THE TOWN 11ND 5"t:~`TING
lORTH TH8 DBTAIL8 XN REGARD TIi&RH~'O
WHEREAS, it is the opinion of the Town Council that the preservation of
certain existing view corridors is essential to the character of Vail as a
mountain resort community; and
WHEREAS the preservation of views will protect and enhance the Town's
attraction to tourists and visitors; and
WHIaREAS the preservation of views will stabilize and enhance the aesthetic
and economic vitality of the Town of Vail; and
WHEREAS the amendment will more clearly identify existing view corridors
and development procedures for the public's benefit;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN CO[TNCIL OF THE TOWN OF VATL,
COLORADO AS FOLLOWS:
1. Section G of the Urban Design Considerations is hereby modified to
read as follows:
Paxaarar~h G
Veil's mountain/valley setting is a fundamental part of its identity.
Views of the mountains, ski slopes, creeks and other natural features axe
constant reminders of the mountain environment and, by repeated visibility, are
orientation reference points. Certain building features also provide important
orientation references and visual focal points.
The most significant and obvious view corridors have been adopted as part
of the Design Review standards in Chapter 18.73 of the Vail Municipal Code. The
view corridors adopted should not be considered exhaustive. When evaluating a
development pr~yposal, priority should be given to an analysis of the impact of
the project on views. Views that should be preserved originate from either major
pedestrian areas or public plazas, and ix:~~lude views cif the ski mountain, the
Gore Range, or the Clock Tower. The views of the ski slopes and of the Clock
Tower, which have been adopted by ordinance, were chosen due to their
a3gnifiatfnce, trot only from an aesthetic standpoint, but also as orientation
reference points for pedestrians.
Development in the Vail Village shall not encroach into any adopted view
corridor. Adopted corridors are listed in Chapter 18.73 of the Vail Municipal
Code. Whether affecting adopted view corridors or not, the imp~~t of proposed
development on views from pedestrian ways must be identified and mitigated where
needed.
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+ 2, Title 18 of the Municipal Code of the Town of Vail is hereby amended
by the addition of Chapter 18.73 to read as follows: Chapter 18.73 -View
Corridors
18.73.014 - Purpose
A. The protection and perpetuation of certain panoramic mountain views
from various pedestrian/public ways within the Town is required in the interests
of posterity, civic pride and the general welfare of the people of the Town of
Vail;
B. It is desirable to designate, preserve and perpetuate certain
existing panoramic mountain views for the enjoyment and environmental enrichment
of the citizens and visitars to the Town;
C. The preservation of such views will strengthen and preserve the
Town's unique environmental heritage and attributes:
A. The preservation of such views will enhance the aesthetic and
economic vitality and values of the Town;
E. The preservation of such views will protect and enhance the Town's
attraction to tourists and visitors;
F. The preservation of such views will promote good, design and will
provide for natural ].fight in the buildings and public spaces in the vicinity of
the view oorridors.
18.73.D2Q - Adoption of View Corridor Legal Aescrintiona and Photographs
The photographs on record with the Community Development Department and the
following legal deacriptians axe hereby approved and adopted as official view
corridors protecting views within the Town.
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!# A. A view from the south side of the Vail Transportation Center f]COm the
main pedestrian stairway looking toward the ski slopes;
V~.eK Point ~1
Instrument - View Point #1
Hacksight - Traverse Point #1
,Height of instrument above View Point #1 - 5.4 feet
Lens used in photograph - 35 mm
Horixonal Angle Zenith Angle Foresight Foint
on Photo
358 47' 76 41' A
358 47' 85 49' B
12 O6' 89 14' C
15 00' 89 17' b
22 19' 86 54' E
35 18' SS 92' F
38 17' 76 21' G
S. A view from upper Bridge Street looking toward the ski slopes between
228 Bridge stXeet,the Golden Peak Building, and 311 Bridge Street, the Hill
Building;
View Point ~2
Instrument - View Point #2
Backsight - View Point #9
Height of Instrument Above View Point #2 ~ 5.4 feet
Lens used in photograph -- 35 mm
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3 Horixontal;,Angle Zenith Angle Foresight Point
on Photo
2$7 30' 74 35' A .
289 40' 90 17' B
299 02' 92 47' C
301 51' 74 10~ D
C. The northeast corner of 244 Wall Street, the One Vail Place Building,
looking over the roofs of 304 Bridge Street,-the Red Lion, and 356 Hanson Ranch
Road, the Christiania, toward the Gore Range. The legal description for this
view corridor will be based upon the proposed Christiania development as shown
on Exhibit A.
vi.rr noi~at ~a
Instrument - view Point ~9
Backsight - To Be Determined
Height of Instrument Above View Point ~4 - 5.4 feet
Lens used in photograph - 50 mm
D. View of the Gore Range from Kansan Ranch Road just east of the Mill .
Creek Bridge and south of 302 Gore Creek Drive, the Mil]. Creek Court Building;
View Point #5
Instrument - View Point #5
Backsight - Focal point #].
Height of Instrument Above View Point #5 - 5.4 feet
bens used in photograph - 35 mm
Horizontal Angle Zenith Angle
201 31' $1 24'
206 53' 65 03'
210 2 4' 8 5 11'
213 09' 84 03'
213 09' $3 oa'
Foresight Point
On Photo
A
B
C
D
M
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E. Looking east to the Gore Range from Gore Creek Drive between retail
t shops at 179 Gaye Creek Drive, the Lodge at Vail, and 193 Gore Creek Drive, the
Gore Creek Piaza Building.
viex Pout ~6
instrument - View Point ~fi
Backsight - Traverse Point ~2
Height of Instrument Above View Paint ~fi - 5.4 feet
Lens used in photograph - 35 min
Horizontal Angle Zenith Angle Foresight Point
on Photo
356 55' 81 00' A
357 32' 83 19' B
00 Qfi' 83 13' C
O1 59' ~ 85 26' D
12 43' 85 2fi' E
12 51' 80 10' F'
l2 12' 76 58' G
13 07' 73 06' H
18.73.030 - Limitations on Construction
No structure shall be permitted to encroach above the view corridor
boundary identified with the dashed tape set forth on each of the adopted
photographs. The boundaries are determined by the legal descriptions listed in
Section 1$.73.020. Copies of the photographs and legal descriptions are on file
with the Community Development Department. For the purposes of this Chapter, the
term structure shall include, but not be limited to, new buildings, building
expansions, decks, remodels, mechanical equipment, vents, ducts, satellite
dishes, fences, stoplights, light poles, utility poles, skylights or any similar
objects.
1$.73.04 - Mass and Bulk Controls
A. ProAOSed Building Expansions in the Vicinitv of Existing
Encroachments
When any proposed structure infringes upon a Town of Vail view corridor,
but is located in front of ar behind another structure
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' which al• dy encroaches into the same view parridor, the new structure shall not
be permitted.
B. View Corridor tieiaht Control
If the maximum height allowed by the zoning code exceeds the resulting
height limitation defined by the view carridofi, the more restrictive height
regulation shall apply.
C. Proaosed Remodels of Buildings with Existing Encroachments
Pre-existing encroachments in view corridors shall not be expanded or
enlarged to create further encroachment. Any existing encroachments will be
encouraged to be removed as part of any major building remade 1, except far
identified focal points, such as the Clock Tower and Bell Tower.
18.73.050 - Submittal Requirements
The following information shall be submitted along with a Design Review
Board application, exterior alteration application, any variance application, or
any other application that may pertain to view corridors, sa that the Town staff
can properly evaluate whether a structure complies with this view corridor
chapter:
A. Existing and proposed elevations of the development;
B. Photographs taken from the adopted view point which indicate the
present improvements which protrude into, or are in the vicinity of the view
corridor, and a graphic representation an the photographs of how the proposed
improvements will appear with relation to existing improvements and view corridor
boundaries. Photographs to be submitted must be taken from the name point used
to define the corridor, with the same lens size, and with the camera set at a
height of 5.9 feet above the pavement.
C. Tf necessary, the Community Aevelopment Department may require
models, overlays, sketches, or other submittal materials which show the potential
impact the structure could have upon the protected view corridor if constructed.
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18.73.060 - Amendments and Appea~.s
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R. Amendments
No variance shall be permitted to any provision of this chapter 18.73. The
provisions of this chapter, including the legal descriptions and photographs of
the designated view corridors, shall only be amended in accordance with the
provisions of Sections 18.56.110 through 18.66.170 of this code.
B, Appeals
If a determination is made by staff that a proposed structure would
encroach into an adopted view corridor, the applicant may appeal the
determination to the Planning and Environmental Commission, according to Section
18.66.030.
18.73.470 - Exemptions
A structure which is presently located in an adopted view corridor may
remain and, if destroyed by natural causes, may be replaced to its current size
and height, provided such reconstruction takes place within one year following
destruction. However, no structures which are located within a designated view
corridor on the effective date of this ordinance shall be permitted to expand or
enlarge the area of the structure which is located within the view corridor.
3. Tf any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect
the validity of the remaining portions of this ordinance; and the Town Council
hereby declares it would have passed this ordinance, and each part, section,
subsection, sentence. clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
9. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town
of Vail and the inhabitants thereof.
5. The repeal or the repeal and reenactment of any provision of the Vail
Municipal Code as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective
date hereof, any prosecution commenced, nor any other action or proceeding as
commenced under of by virtue of the provision repealed or repealed and reenacted.
The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed,or superseded unless expressly stated herein.
INTROBUCED, READ Old FIRST REAT?ING, APPROVED AND ORDERED PUAI,ISiiED ONCE IN
FULL, this day of , 1991. A public hearing shall be held
hereon on the day of , 1991, at the regular meeting of the Town
Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
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Kent R. Roae~ Mayor
.ATTEST;
Psunela A. Bra~ndmeyer~ Tawn Clez~k
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of - 1991.
Kent R. Rose, Mayor
ATTEST:
pdmela A, Brandmeyer, Town Clerk
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ORDINANCE NO. 13
Series of 1991
5.7 •~11
~~ ! ~ ~1 a - n,u,:f ovcLrw~t, c2ct
rl,wrr~.~.wU fi~ ~ ~ r
AN ORDINANCE AMENDfNG SECTION G OF THE VAIL VILLAGE
URBAN DESIGN CONSIDERATIONS RELATING TO THE
PROTECTION OF VIEWS WITHIN THE TOWN OF VAIL AND
CREATING A NEW CHAPTER QF THE MUNICIPAL CODE
OF THE TOWN OF VAIL TO PROVIDE FOR THE PROTECTION
OF CERTAIN VIEWS WITHIN THE TOWN AND SETTING
FORTH THE DETAILS IN REGARD THERETO
WHEREAS, it is the opinion of the Town Council #hat the preservation of certain existing
view corridars is essential to the character of Vail as a mountain resort community; and
WHEREAS the preservation of views will protect and enhance the Town's attraction to
tourists and visitors; and
WHEREAS the preservation of views will stabilize and enhance the aesthetic and
economic vitality of the Town of Vail; and
WHEREAS the amendment will more clearly identify existing view corridors and
development procedures for the public's bonefit;
NOW, THEREFOFii=, BE IT ORDAINED BY THE TOWN COUNCfL OF THE TOWN OF
VAIL, COLORADO AS FOLLOWS:
Section 1
Section G of the Urban Design Considerations is hereby modified to read as follows:
Paragraph G
Vail's mountain/valley setting is a fundamental part of its identity. Views of the mountains,
ski slopes, creeks and other natural features are constant reminders of the mountain environment
and, by repeated visibility, are orientation reference points. Certain building features also provide
important orientation references and visual focal points.
The most significant and obvious view corridors have been adopted as part of Chapter
18.73 of the Vail Municipal Code. The view corridors adapted should not be considered
exhaustive. When evaluating a development proposal, priority should be given to an analysis of
the impact of the project on views. Views that shauld be preserved originate from either major
pedestrian areas or public plazas, and include views of the ski mountain, the Gore Range, ar the
Clock Tower. The views of the ski slopes and of the Clock Tower, which have been adopted by
ordinance, were chosen due to their significance, not only from an aesthetic standpoint, but also
as orientation reference points far pedestrians.
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Development in the Vail Village shall not encroach into any adopted view corridor.
Adopted corridors are Fisted in Chapter 18.73 of the Vail Municipal Code. Whether affecting
adopted view corridors or not, the impact of proposed development on views from pedestrian
ways must be identified and mitigated where needed.
Section 2
TIt1e 18 of the Municipal Code of the Town of Vail is hereby amended by the addition of
Chapter 18.73 to read as follows: Chapter 18.73 -View Corridors
18.73.014 -Purpose
A. The protection and perpetuation of certain panoramic mountain views from various
pedestrian/public ways within the Town is in the public interest and will foster civic pride and the
general welfare of the people of the Town of Vail;
B. It is desirable to designate, preserve and perpetuate certain existing panoramic
mountain views for the enjoyment and environmental enrichment of the citizens and visitors to
the Town;
C. The preservation of such views will strengthen and preserve the Town's unique
environmental heritage and attributes;
D. The preservation of such views will enhance the aesthetic and economic vitality
and values of the Town;
E. The preservation of such views will protect and enhance the Town's attraction to
tourists and visitors;
F. The preservation of such views will promote good design and wi[l provide for
natural light in the buildings and public spaces in the vicinity of the view corridors.
18.73.020 -Adoption of View Corridor t_eaal Descriptions and Photoaraphs
The photographs an record with the Community Development Department and the
fallowing legal descriptions are hereby approved and adopted as official view corridors protecting
views within the Town.
A. A view from the south side of the Vail Transportation Center from the main
pedestrian stairway looking toward the ski slopes;
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View Point #1
Instrument -View Paint #1
Backsight -Traverse Point #1
Height of instrument above View Point #1 - 5.4 feet
Lens used in photograph - 35 mm
Legal Descriptions Being Updated
B. A view from upper Bridge Street looking toward the ski slopes between 22$ Bridge
street,the Golden Peak Building, and 311 Bridge Street, the Hlli Building;
View Point #2
instrument -View Point #2
Backsight -View Poin# #4
Height of Instrument Above View Point #2 - 5.4 feet
Lens used in photagraph - 35 mm
Legal Descriptions Being Updated
C. The northeast corner of 244 Wall Street, the One Vail Place Building, looking over
the roofs of 304 Bridge Street, the Red lion, and 356 Hanson Ranch Road, the Christiania,
toward the Gore Range.
View Point #4
Instrument -View Point #4
Backsight - To Be Determined
Height of instrument Above View Point #4 - 5.4 feet
Lens used in photagraph - 50 mm
D. View of the Gare Range from Hanson Ranch Road just east ofi the Miil Creek
Bridge and south of 342 Gore Creek Drive, the Mill Creek Court Building;
View Point #5
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Instrument -View Point #5
Backlight -Focal Point #1
Height of Instrument Above View Point #5 - 5.4 feet
Lens used in photograph - 35 mm
Legal Descriptions Being Updated
E. Looking east to the Gore Range from Gore Creek Drive between retail shops at
174 Gore Creek Drive, the Lodge at Vail, and 193 Gore Creek Drive, the Gore Creek Plaza
Building.
View Point #6
instrument -View Point #6
Backlight -Traverse Point #~
Height of Instrument Above View Point #6 - 5.4 feet
Lens used in photograph - 35 mm
Legal Descriptions Being Updated
18.73.D3D -Limitations on Construction
IVo structure shall be permitted to encroach above the view corridor boundary identified
with the dashed tape set forth on each of the adopted photographs. The boundaries are
determined by the legal descriptions listed in Section 18.73.020. Copies of the photographs and
legal descriptions are on file with the Community Development Deparkment. For the purposes
of this Chapter, the term structure shall include, but not be limited to, new buildings, building
expansions, decks, remodels, mechanical equipment, vents, ducts, satellite dishes, fences,
stoplights, light poles, utility poles, skylights or any similar object.
i 8.73.D40 -Mass and Bulk Controls
A. Proposed Building Expansions in the Vicinity of Existing Encroachments
When any proposed structure infringes upon a Town of Vail view corridor, but is located
in front of or behind another structure which already encroaches into the same view corridor, the
new strut#ure shall not be permitted.
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B. View Corridor Height Control
If the maximum height allowed by the zoning code exceeds the resulting height limitation
defined 6y the view corridor, the more restrictive height regulation shalt apply.
C. Proposed Remodels of Buildings with 1=xistina Encroachments
Pre-existing encroachments in view corridors shall not be expanded or enlarged to create
further encroachment. Any existing encroachments will be encouraged to be removed as part
of any mayor building remodel, except for identified focal points, such as the Clock Tower and Bell
Tower.
18.73.050 -Submittal Requirements #or Additional View Corridors or Modifications to
Existing View Corridors
The following information shall be provided by the applicant with any proposed new view
corridor or with a Design Review Board application, exterior alteration application, variance
application, or any other application that may result in an amendment to an existing view corridor,
so that the Town staff can properly evaluate the impacts of a proposed view corridor or proposed
structure within an existing view corridor:
A. A statement addressing the way the proposed view corridor or the amendment to
are existing view corridor amendment meets the purpose section of this Chapter
of the zoning code.
B. Names and addresses of ail property owners affected by the proposed view
corridor or the amendment to an exis#ing view corridor.
C. Far a new view corridor proposal, photographs of the view to be established must
be submitted. The photographs must be marked to show the boundary of the
proposed view corridor. The point used as the origin of the corridor must be
identified, as well as the lens size and the height of the camera above pavement.
D. 1=or an amendment to an existing view corridor, existing and proposed elevations
of the development must be submitted. In addition, photographs must be
submitted which have been taken from the adopted view point. On the
photographs, the present improvements in the vicinity of the view corridor must be
shown with a graphic representation of how the proposed improvements will
appear in relation to existing improvements and view corridor boundaries.
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Photographs to be submitted must be taken from the same point used to define
the corridor, with the same leas size, and with the camera set at the same height
above the pavement.
E. if necessary, the Community Development Department may require models,
overlays, sketches, or other submittal materials which show:
1. For a proposed view corridor, the potential impact the new view corridor
could have on the development potential of the surrounding properties.
2. For an amendment to an existing view corridor, the potential impact the
changes could have upon the protected view corridor if it is changed to
accommodate new construction or if it is changed to become more
restrictive.
F. Once the Town gives preliminary approval for either a new view corridor or an
amendment to an existing view corridor, legal descriptions written in the same
format as those in Section 18.73.028 and any other necessary survey information
must be provided by the applicant.
G. Proposals deemed by the Community Development Department to have significant
implications on the community may require review by professionals outside She
Town staff. In this event, the applicant shall reimburse the Town for expenses
incurred by this review. Any outside consultant selected to review a proposed
view corridor or an amendment to an existing view corridor shall be selected and
utilized by the Town staff. The Community Development Department shall
determine the amount of monies estimated to cover the cost of outside consulting
services, and this amount shall be provided to the Town by the applicant prior to
any public hearing on the proposal. Any unused portions of these funds shall be
returned #o the applicant following the review of the proposed view corridor or
amendment to an existing view corridor. Expenses incurred by the Town in
excess of the estimated amount shall be reimbursed to the Town by the applicant.
18.73.060 -Amendments. Appeals and Additional View Corridor Proposals
A. Amendments
No variance shall be permitted to any provision of this chapter 18.73. The provisions of
this chapter, including the legal descriptions and photographs of the designated view corridors,
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sha[I only be amended in accordance with the provisions of Sections 18.66.110 through 18.66.170
of this code.
B. Appeals
If a determination is made by staff that a proposed structure would encroach into an
adopted view corridor, the applicant may appeal the determination to the Planning and
Environmental Commission, according to Section 18.66.030.
C. Additional View Corridors
The Town Council, the Planning and Environmen#al Commission, Town staff or a member
of the public may propose additional view corridors. Any proposal shall be accompanied with the
information required in Section 18.73.050. Proposals for new view corridors shall be reviewed
by the Tawn according to Sections 18.66.110 through 18.66.170.
18.73.070 -Exemptions
A. Destruction Due to Natural Causes
A structuro which is presently located in an adopted view corridor may remain and, if
destroyed by natural causes, may be replaced to its current size and height, provided such
reconstruction takes place within one year following destruction. However, no structures which
are located within a designated view corridor an the effective date of this ordinance shat! be
permitted to expand or enlarge the area of the structure which is [orated within the view corridor
unless an amendment #o the existing view corridor is approved.
B. Approved Development Proposals Which Encroach Into View Corridors
Far development proposals which have received approval from the Town of Vail as of the
effective date of this ordinance, and which encroach into an adopted view corridor, the applicant
shall be able to renew the approval, not withstanding the provisions of this ordinance. For
Planning and Environmental Commission decisions, the approval can be renewed once. For
Design Review Board decisions, the approval can be renewed three times. For Town Council
decisions, such as a Special 1evelopment District, the approval may be extended nne year. If,
for one project, the length of time resulting from the extension of PEC or DRB approvals differs,
the shorter length of time shall be the maximum allowed. !f an approval lapses, the right to
construct the development shall become void. Renewals can be made, notwithstanding the
provisions of this ordinance, providing there is no substantial change to the structure, and
provided there is no increase in the portion of the structure which encroaches into the view
corridor.
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Section 3
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not effect the validity of the remaining portions of
this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of'the fact that any
one or more parts, sections, subsections, sentences, clauses ar phrases be declared invalid.
Section 4
The Town Council hereby finds, determines and declares that this ordinance is necessary
and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof.
Section 5
The repeal or the repeal and reenactment of any provision of the Vai! Municipal Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under of by virtue of the provision repealed or repealed
and reenacted. The repeat of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 6
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed:
INTRODUCED, READ ON FIRST READING, APPROVED AND DRDERED PUBLISHED
ONCE IN FULL, this day ofi , 1991. A public hearing shall be held hereon
on the day of , 1991, at the regular meeting of the Town Council of the
Tawn of Vail, Colorado, in the Municipal Buiiding of the Tnwn.
ATTEST:
Kent R. Rose, Mayor
Pamela A. Brandmeyer, Town Clerk
READ AND APPROVED ON SECOND READING AND DRDERED PUBLISHED
this ,day of , 1991.
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Kent R. Rose, Mayor
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